Part 4Parishes
C1Chapter 3Reorganisation
Duties of council undertaking review
I1C2C394Recommendations to create parish councils
1
This section applies where a community governance review is required to make any of the following recommendations—
a
recommendations under section 87(6) as to whether or not a new parish should have a parish council;
b
recommendations under section 88(4)(a) as to whether or not an existing parish should have a parish council.
2
If the parish has 1,000 or more local government electors, the review must recommend that the parish should have a council.
3
If the parish has 150 or fewer local government electors, the review must recommend that the parish should not have a council.
4
But subsection (3) does not apply if any part of the parish mentioned in subsection (1) is currently—
a
a parish which has a council, or
b
part of such a parish.
5
If neither subsection (2) nor (3) applies, it is for the principal council to decide whether or not the parish should have a council.
Pt. 4 Ch. 3: transfer of functions (1.4.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 60(2)(3)(d), 148(3)(b) (with s. 63(4)); S.I. 2009/3318, art. 4(i)